Posted on 02/19/2019 8:40:46 AM PST by 2harddrive
AGREED and AMEN! Thank you, Randy Miller from LinkedIn!
The ONE WORD that REQUIRES Donald J Trump to Declare a National Emergency on the border if Congress failed to follow through on their own border bills which they have not done:
TEXAS
Texas has a Supreme Court right under federalism under Article 4 Section 4 of the US Constitution as well as by Congressional Treaty (1845 Joint Resolution of Annexation of the Republic of Texas to the United States of America) to counter sue the states that do not wish to defend the border. Clearly Texas has been invaded. Statistical records from DPS proves this beyond a shadow of any doubt.
Texas has the superior interest over the 16 states that have sued the Executive Branch over the national emergency.
If Trump does not declare the emergency then the United States is in violation of its duties under the 1845 treaty and Article 4 Section 4 of the US Constitution.
The 16 states that have sued Trump have no standing on border matters. They have no authority whatsoever to challenge Executive Action on the border. If they choose to withhold support of the border then Texas must sue immediately to recoup damages including DPS wages for law enforcement.
LAW.CORNELL.EDU Welcome to LII We are a not-for-profit group that believes everyone should be able to read and understand the laws that govern them, without cost. We carry out this vision by:Publishing law online, for free.Creating materials that help people understand law.Exploring new technologies that make it easier for people...
The one word is “standing”. Under the Federal statutes in order to commence a suit against the federal government the litigant must have standing meaning the litigant must show he or it is uniquely or specifically suffering a loss because of government action. The blue states dem pollical apparatus bringing these suits on behalf of the states have no standing. This will not make any difference in the 9th circuit whose rulings are political as a rule and pay little heed to the actual law in marquee political lawsuits such as this. That is why the suits are being bought in the 9th circuit. The Dem House of Representatives will bring suit and they do have standing because they will allege that the President’s executive action usurps the legislature’s powers but that does not mean they will ultimately win on the merits when the Supreme Court considers it. IMHO
What SHOULD happen is any court should tell a member of congress the congress has recourse through the joint resolution process and not allow a law suit.
In addition, the Administration may counter sue the states in that by enjoining more than one state, that group of states have effectively waived state immunity as
Those states may be sued under the waiver of sovereign immunity as any entity created involving more than one state are presumed to not be arms of the member states under the 11th Amendment and the Compact Clause.
“How is this not one step closer to a civil war?”
I am afraid that IT IS.
Trump either enters the legal arena or he doesn’t. I propose he doesn’t
Trump signaled in remarks last week that he anticipated lawsuits.
“We will have a national emergency, and we will then be sued. And they will sue us in the Ninth Circuit, even though it shouldn’t be there,” the president said, referring to the nation’s largest circuit court whose area encompasses California. “And we’ll possibly get a bad ruling and then we’ll get another bad ruling and then we’ll end up the Supreme Court, and then hopefully we’ll get a fair shake and we’ll win in the Supreme Court, just like the ban.”
Trump is correct except for the last sentence about winning in the Supreme Court. Not so sure now that Roberts has started the move left over the last 2 years. He is no longer a dependable conservative vote on the court
These are some of the most cash-poor states.
How do they afford the expensive law suits.
They must know some really cheap lawyers.
(my auto-correct wanted me to use cheat lawyers, but I objected.)
“How does NJ have standing to sue against something that does not affect us?’
The NJ Attorney General’s feelings will be hurt if his illegal alien friends aren’t allowed entry, so clearly harm can be shown. Plus Murphy’s country club liberal friends won’t be able to get cheap landscapers.
“Texas has a Supreme Court right under federalism under Article 4 Section 4 of the US Constitution as well as by Congressional Treaty (1845 Joint Resolution of Annexation of the Republic of Texas to the United States of America) to counter sue the states that do not wish to defend the border.”
And I would think they could do that in the 5th circuit, hopefully.
Try to imagine if this is successful that we could be invaded in Brownsville and Pelosi doesn't care, Trumps hands would be tied in the first few hours to move anything or spend anything until either Congress voted or courts overturned their ruling against moving money. There has to be some advantage in being Commander in Chief for keeping America safe. You can't have a system that allows Obama to make security movements and tell Trump he can't. Well,..... at least not so far.
ping
I just tried the link of your post to LinkedIn, and it doesn’t work. I wonder if the bad link is because the post has been removed from their website or if the link was just typed wrong here.
Having no standing means nothing to a virtue signalling Dem AG. The lightweight that was elected in Delaware jumped on the bus too and has her head out the window woofing.
Why not? Libs have double standards for everything else in this world.
I know all of this is invisible to us peons but when this goes to the 9th circuit does the POTUS get to send his lawyers to make his case? And is it possible for that to be televised?
The President will have DOJ and possibly White House lawyers, as the President is named as the defendant.
Will not be televised. Almost no federal court case is. There have been some experiments and sometimes video has been available after the fact.
There aren’t 16 border states, they have no standing.
Peso up a rope.
Stalinists lie. Always
They still insist that Trump lost in 2016 and that there are 57 genders.
The sooner we fight the hot portion of the civil war we already are in the faster we can exterminate the traitors, their families and their enablers. For those wondering I am fully aware this means killing formerly fellow Americans. I have seen what this kind of war looks like up close and personal in Kosovo had some trigger time as well. Killing is not pleasant but sometimes necessary. We don’t need organized ranks that’s not.this type of war. EVERY patriot needs a local list of traitors when the time comes you work down that list without mercy. That is the kind of civil war that is coming and do not think naively for one second they are not planning the same thing for us it will onlu get you killed in a war like Kosovo.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.